RANJAN ROY Vs. SANJOY DEB

JUDGEMENT

(1.) This application is at the instance of the Defendant No. 12 and is directed against the order dated December 10, 2009 passed by the learned Civil Judge (Sr. Division), Third Court, Howrah in Title Suit No. 22 of 2009 thereby rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure filed by the Defendant/Petitioner herein.

(2.) The short fact is that the Plaintiffs/opposite parties herein instituted a suit being Title Suit No. 22 of 2009 before the learned Civil Judge (Sr. Division), Third Court, Howrah against the Defendants in respect of the properties as mentioned in the schedule of the plaint. The Plaintiffs have prayed for a decree for specific performance of contract, permanent injunction and other reliefs against the Defendant Nos. 1 to 11 contending, inter alia, that a written agreement was held between the Plaintiffs in one side and the Defendant Nos. 1 to 11 for the other side for sale of the suit properties by a written agreement dated May 6, 2010. The said suit for specific performance of contract was filed on February 25, 2009.

(3.) The Defendants are contesting the said suit by filing separate written statements. The Defendant No. 12 has filed a separate written statement contending, inter alia, that he purchased the suit properties at a consideration of Rs. 20 lac from the Defendant Nos. 1 to 11 without notice and, thus, the Defendant No. 12 has the right, title and interest and also possession over the suit property. For that reason, the suit is not maintainable at all and he filed the said application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint.